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Variation of periodical payments: are the recent cases a sea change or a damp squib?
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Elizabeth Hicks Partner and head of the Irwin Mitchell family team in London
Kathryn Sturgeon trainee in London
Introduction to the court’s power to vary
Under s 31(2)(b) of the Matrimonial Causes Act 1973 the court has the power to vary discharge suspend or revive any previous order for periodical payments to be made from one party to another. In using this power the court must consider all the circumstances of the case with the first consideration being the welfare of any minor child of the family and whether it is possible to make an order so that payments are only made for such a period as is necessary for the payee to adjust without experiencing undue hardship (s 31(7)).
In considering all the circumstances of the case the court must consider any changes to any of the s 25 factors since the original order. This therefore involves an analysis of any ...
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